Markey calls court decision on EPA pollution rule ‘misguided’

The U.S. Court of Appeals for the District of Columbia Circuit vacated the Cross-State Air Pollution Rule — also called the Transport Rule — that forced emission reductions from plants in 28 eastern states, finding that it exceeded EPA’s powers under the Clean Air Act, earlier reported by The Hill.

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Republican lawmakers applauded the decision, since many said new regulations and rules would economically burden some coal-fired power plants. Sen. Rand Paul (R-Ky.) applauded the court’s decision against the EPA rule.

"I am pleased to see that the court has confirmed that the Environmental Protection Agency exceeded their statutory authority in issuing the Cross-State Air Pollution rule,” Paul said in a statement Tuesday. “I offered a Congressional Review Act resolution of disapproval against this rule last year to protect the rights of states against this attempt by the EPA to raise energy costs and cut jobs at power plants. I will continue to use the resources at my disposal to fight against an out-of-control EPA overreach into the rights of states and the lives of citizens."

Some Southeastern states with power plants fought the EPA rule, while some Northeast states, upwind of the pollutants, supported the EPA rule, citing health concerns.

“Implementation of the Transport Rule would save lives and money in Massachusetts and across the country,” Markey said. “Cutting down on dangerous pollution traveling across state lines means cleaner air, clearer lungs and healthier lives for families across the Bay State and nationwide.”

The court ruling was seen as a major blow to the White House and environmentalists.